Supreme Court Lays Down Comprehensive Guidelines To Prevent Misuse Of POCSO Act In Matrimonial Disputes Land Reforms Act | Joint Application For Pre-Emption By Adjoining Landowners Is Maintainable: Calcutta High Court Ocular Evidence In Conflict With Medical Findings Or Withholding Of Natural Witnesses Vitiates Prosecution Case: Allahabad High Court Compassionate Appointment Claim Must Be Decided Based On Policy Prevalent At Time Of Death: Bombay High Court Section 376 IPC | Failure To Prove Initial Dishonest Intent In Marriage Promise Renders Sexual Relationship Consensual: Allahabad High Court Prolonged Incarceration And Delay In Trial Are Valid Grounds To Invoke Constitutional Right To Speedy Trial Under Article 21 In UAPA Cases: Delhi High Court Motor Vehicles Act | Insurer Liable To Pay And Recover Compensation For Gratuitous Passengers In Goods Vehicles: Gujarat High Court Proof Of Demand And Acceptance Under PC Act Must Be Evaluated Based On Preponderance Of Probabilities In Rebuttal: Kerala High Court Tenancy Claim | Mere Possession Without Lawful Foundation Or Identification Of Tenanted Land Cannot Confer Occupancy Rights: Karnataka High Court 125 CrPC | Maintenance Cannot Be Evaded By Claiming Physical Disability If Conduct Indicates Concealment Of Financial Means: Kerala High Court M.P. Municipal Corporation Act | Locus Standi Under Section 307(5) Limited To Residents Of The Municipal Area: Madhya Pradesh High Court Writ Jurisdiction | Belated Challenge To Disciplinary Action After Superannuation Amounts To Laches; Petition Dismissed: Punjab & Haryana High Court Order 39 Rule 1 & 2 CPC | Mere Pendency Of Partition Suit Does Not Entitle Plaintiff To Injunction Restraining Reconstruction Of Residential Building: Kerala High Court Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Section 482 CrPC | High Court Quashes FIR Following Private Compromise In Non-Heinous Dispute Arising From Civil Conflict Mere Involvement In Criminal Case Does Not Constitute Moral Turpitude To Deny Public Appointment: Telangana High Court Pendency Of Investigation Cannot Be A Blanket Ground To Deny Permission For Foreign Travel: Rajasthan High Court Fraudulent Representation By Counsel Vitiates Ex Parte Decree: Punjab & Haryana High Court Holds Professional Misconduct As Evidence Of Fraud Writ Jurisdiction | Suppression Of Material Facts Regarding Pending Criminal And Departmental Proceedings Renders Petition Liable To Dismissal: Orissa High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Fraud Vitiates Judicial Proceedings: Judgment Obtained Through Misrepresentation And Conflict Of Interest Cannot Be Sustained, Holds Punjab And Haryana High Court Discovery Under Section 27 Evidence Act From Publicly Accessible Place Requires Caution: Supreme Court Mere Recovery Of Articles At Instance Of Accused Without Independent Corroboration Cannot Sustain Conviction: Supreme Court DNA Profile Must Be Supported By Other Conclusive Evidence To Prove Guilt: Supreme Court

(1) THE STATE OF GUJARAT .....Appellant Vs. SANDIP OMPRAKASH GUPTA .....Respondent D.D 15/12/2022 SUPREME COURT OF INDIA

Gujarat Control of Terrorism and Organised Crime Act 2015 – Sections 3(1)(i), 3(1)(ii), 3(2), and 3(4) – Continuing unlawful activity – Requires a separate FIR post-promulgation – High Court's interpretation that activities prior to the Act's promulgation cannot be solely considered for prosecution upheld – Appeal dismissed [Paras 1-53].   Decision ...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 2291 OF 2022 (Arising out of SLP (Criminal) No. 6101 of 2021) Docid 2022 LEJ Crim SC 92

(2) WAVE INDUSTRIES PVT. LTD. .....Appellant Vs. STATE OF U.P. AND OTHERS .....Respondent D.D 15/12/2022 SUPREME COURT OF INDIA

Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Appellant challenging the imposition of liabilities for unpaid duty, penalty, and interest accrued before the acquisition of the Amroha sugar mill – Slump Sale Agreement clauses interpreted to distinguish between liabilities accruing before and after the signing date – High Court's ...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. ____ OF 2022 (Arising out of SLP (C) No. 3525 of 2018) With CIVIL APPEAL NO. ____ OF 2022 (Arising out of SLP (C) No. 4053 of 2018) CIVIL APPEAL NO. ____ OF 2022 (Arising out of SLP (C) No. 3537 of 2018) CIVIL APPEAL NO. ____ OF 2022 (Arising out of SLP (C) No. 12724 of 2018) Docid 2022 LEJ Civil SC 83

(3) NEERAJ DUTTA .....Appellant Vs. STATE (GOVT. OF N.C.T. OF DELHI) .....Respondent D.D 15/12/2022 SUPREME COURT OF INDIA

Prevention of Corruption Act 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Proof of demand and acceptance – In the absence of direct evidence from the complainant, it is permissible to draw an inferential deduction of culpability/guilt of a public servant based on other evidence adduced by the prosecution – Demand and acceptance must be proved either by di...

SUPREME COURT OF INDIA REPORTABLE # CRIMINAL APPEAL NO. 1669 OF 2009 ,SLP (Crl.) No. 6497 of 2020; SLP (Crl.) No. 294 of 2022; CRIMINAL APPEAL NO. 1779 OF 2010; CRIMINAL APPEAL NO. 2136 OF 2010; Diary No. 27232 of 2019; SLP (Crl.) No. 11339 of 2019; SLP (Crl.) No. 3828 of 2020; SLP (Crl.) No. 5905 of 2021; SLP (Crl.) No. 6279 of 2020; CRIMINAL APPEAL NO. 678 OF 2021; CRIMINAL APPEAL NO. 1490 OF 2021; and CRIMINAL APPEAL NO. 1592 OF 2022 Docid 2022 LEJ Crim SC 13

(4) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) .....Appellant Vs. OMVIR SINGH AND OTHERS .....Respondent D.D 15/12/2022 SUPREME COURT OF INDIA

Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Claimants not entitled to the same compensation as awarded for lands acquired after 5 years from the date of acquisition – High Court awarding compensation at Rs.297/- per sq. yard unsustainable – Compensation rate revised to Rs.120/- per sq. yard [Paras 1-6].   Decision &nda...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 9085 OF 2022 (@ SLP (C) No. 9558 of 2020) (@ Diary No. 16450 of 2020) Docid 2022 LEJ Civil SC 13

(5) GOKAL CHAND (D) THR. LRS. .....Appellant Vs. AXIS BANK LTD. AND ANOTHER .....Respondent D.D 15/12/2022 SUPREME COURT OF INDIA

Insurance contract – Deficiency in service – Home loan sanctioned on pre-condition of life insurance policy – Bank acting as an agent for insurance company – Premium accepted and retained after normal medical test results – Malafide actions by insurance company after death of insured – Ante-dated letter issued post death intimation – Refund of premium foll...

SUPREME COURT OF INDIA REPORTABLE # CIVIL APPEAL NO. 2310 OF 2022 (Arising out of SLP (C) No. 14140 of 2020) Docid 2022 LEJ Civil SC 74

(6) DESH RAJ AND OTHERS .....Appellant Vs. ROHTASH SINGH .....Respondent D.D 14/12/2022 SUPREME COURT OF INDIA

Specific Relief – Suit for Specific Performance – Plaintiff’s Entitlement to Alternative Reliefs – The plaintiff, in a suit for specific performance, can seek alternative reliefs, including the refund of earnest money, provided such relief is specifically claimed in the plaint. The Court has discretion to permit amendment of the plaint at any stage to include such relief. F...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 921 of 2022 [Arising out of SLP (C) No. 22191 of 2019] Docid 2022 LEJ Civil SC 99

(7) HARIHARAN AND OTHERS .....Appellant Vs. HARSH VARDHAN SINGH RAO AND OTHERS .....Respondent D.D 14/12/2022 SUPREME COURT OF INDIA

Seniority – Inter-Se-Seniority between Promotees and Direct Recruits – Principle of Rotation of Quota – The dispute concerned the fixation of inter-se-seniority between promotees and direct recruits for the post of Income Tax Inspectors in Gujarat – The principle of rotation of quota as provided in the Office Memoranda (OM) dated 7th February 1986 and 3rd July 1986 was appl...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 921 of 2022 [Arising out of SLP (C) No. 16161 of 2018] With Civil Appeal No. of 2022 [Arising out of S.L.P. (C) No. of 2022] [Diary No. 12422 of 2022] Docid 2022 LEJ Civil SC 20

(8) KALICHARAN AND OTHERS .....Appellant Vs. STATE OF UTTAR PRADESH .....Respondent D.D 14/12/2022 SUPREME COURT OF INDIA

  Criminal Law – Framing of Charge – Failure to Frame Proper Charge – In the case of Kalicharan and others, the accused were charged under Sections 148, 302, and 307 read with Section 149 of IPC – The specific charge framed alleged that Harpal Singh died due to bullet injuries from shots fired by accused no.2 – However, evidence showed Harpal Singh died from i...

SUPREME COURT OF INDIA REPORTABLE # Criminal Appeal No. 122 of 2021 Docid 2022 LEJ Crim SC 16

(9) D.N. KRISHNAPPA .....Appellant Vs. THE DEPUTY GENERAL MANAGER .....Respondent D.D 12/12/2022 SUPREME COURT OF INDIA

Industrial Law – Back Wages – Section 33-C(2) of ID Act – The Supreme Court held that the appellant is entitled to full wages from the date of the reinstatement order by the CGIT (18.07.2007) to the date of actual reinstatement (23.09.2013) – The period during which the reinstatement order was stayed cannot be used to deny back wages – The interim order merges with th...

SUPREME COURT OF INDIA REPORTABLE # Civil Appeal No. 9008 of 2022 (@ SLP (C) No. 18635 of 2022) Docid 2022 LEJ Civil SC 84